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The Power + Importance of Trade Secrets  

While patents, copyrights, and trademarks are sometimes the most well-known forms of intellectual property, trade secrets often fly under the radar. In general, a trade secret is any kind of information that provides a business with a competitive advantage. These intellectual property rights are pieces of confidential information that can be sold or licensed and can encompass a wide range of information. From recipes and customer lists to marketing plans and pricing strategies, there is an abundance of information that falls under the trade secret category.

 

What qualifies as a trade secret? 

According to the World Intellectual Property Organization, to qualify as a trade secret, the information must reach these requirements: 

  • Commercially valuable, giving a competitive advantage 
  • Be known only to a limited number of individuals 
  • Be subject to reasonable steps taken by the rightful holder of the information 

 

How can a trade secret be protected? 

There are many preventative steps companies can take to protect their trade secrets from theft or misappropriation such as Non-Disclosure Agreements or Non-Compete Agreements. Another commonly implemented strategy is to train employees on the importance of trade secret protection and the consequences of disclosing the protected information.

 

One of the largest trade secrets in the world is the Coca-Cola recipe, made from a secret mixture of the stimulant coca leaf and African kola nuts, which contain caffeine. Don’t worry, the universally-loved soda recipe is still kept safe, although, in 2021, a former Coca-Cola employee was convicted of trade secret theft related to BPA-free coatings that line the soda cans to retain flavor. Dr. Xiaorong You was convicted of selling this Coca-Cola trade secret to the Chinese Government. The Indictment alleged that the trade secret information cost almost $120 million to develop.

 

After uploading multiple trade secret documents to her Google Drive, Dr. You was arrested on February 14, 2019, and her trial began in April 2021. According to prosecutors, Dr. You had plans to share this information with the Chinese government to start her own BPA-free coating firm. The jury convicted Dr. You of possession of stolen trade secrets, economic espionage, and wire fraud. This Coca-Cola chemist and former employee is now facing 14 years in prison for trade secret theft. 

 

What makes trade secrets distinctively important? 

Something unique about trade secrets is their longevity. They have the ability to last as long as they are kept secret! With this, there is no registration process or costs, unlike patents or trademark registration which are time-consuming and sometimes expensive. Trade secrets have the ability to give a competitive advantage, no matter the size of the company. 

 

Trade secrets are a valuable form of intellectual property and have the potential to give companies a significant advantage, and this could apply to your business. By understanding what trade secrets are and how they can be protected, you can ensure that your company remains competitive by safeguarding important information. 

If you have questions regarding trade secrets within your organization, contact Martin IP Law Group. Remember, it’s always best to prevent damage rather than reverse it, so protect your intellectual assets today! Our flat-fee consultation is a great place to start.

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Fractional IP + Startup Counsel | How It Can Benefit Your Business

No matter the size of your business, you deserve the rights to your unique intellectual property. From large-scale manufacturing concepts to small and innovative objects, we believe all ideas are worth protecting. With one of our three fractional counsel plans, we have something for everyone from entry-level to robust guidance. Martin IP Law Group is able to provide your business with timely, on-demand support that allows you to protect, enforce, and maximize the value of your intellectual assets. 

 

What is Fractional Counsel? 

We provide many of the same services as an in-house intellectual property attorney would provide. However, because some businesses’ needs or budgets do not justify hiring an in-house attorney, we offer all of the necessary services part-time at a fraction of the cost. All services are provided for a flat rate, a monthly fee. With one of our three unique fractional counsel plans, you can budget for legal fees with confidence in knowing that the fees will be consistent and regular! 

 

Is it right for your business?

Ask yourself these questions to see if Fractional IP + Startup Counsel is right for your business: 

  1. Is budgeting for legal expenses difficult?
  2. Are your company’s legal needs inconsistent, such that a full-time in-house attorney would be underutilized?
  3. Is the cost of hiring a full-time, in-house attorney beyond your company’s budget?
  4. Is it difficult to get legal advice when you need it?
  5. Would you benefit from proactive advice and legal services?

If the answer to any of these questions was yes, then your business may be a good candidate for fractional IP services. 

 

What are the benefits?

There are ways that fractional IP counsel could benefit your business. Here are some of our favorites: 

  1. Saves you and your business money 
  2. Proactive legal representation 
  3. Consistent and controlled cost 
  4. Free time to focus on the growth of your business
  5. Customized and timely legal services 

 

With expert legal knowledge, industry insights, and a commitment to personalized, on-demand service, Martin IP Law Group is ready to serve your business as a strategic partner in safeguarding your intellectual assets. Contact us today to get started! 

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JC Michaelson – How IP Law Can Help Small Businesses

In 2012, Jill Marshall and April Nelson brought together their years of experience in occupational health and formed JC Michaelson ™ to help employers and employees make better-informed healthcare decisions. The company now provides healthcare education to businesses, fostering skills that create a healthier and more productive work environment. JC Michaelson ™  is a Women-Owned Small Business (WOSB) Federal Contracting Program Member, HubZone-Certified Small Business, and a Certified Women’s Business Enterprise (IN). 

 

In today’s competitive business landscape, intellectual property has become a valuable asset for companies of all sizes. April and Jill knew they wanted their experience to be validated and their small business to be seen as credible in a market dominated by larger consulting firms.

 

For small businesses, harnessing the potential of intellectual property can be a game-changer, helping business owners stand out in their market, collaborate with larger companies, and establish a solid foundation for growth and recognition.

 

Jill and April met Rick Martin at a local networking event and followed up to learn more about the possibilities for protecting their intellectual property. Jill stated, “One thing I learned early on is that when you own a business, you shouldn’t waste time on those who aren’t experts in their field. When we sat down and met with him, we knew right away he was the expert. He and his team know what they are doing and are going to get this done for us so much quicker and better.” 

 

This collaboration led to the trademark of the JC Michaelson name, as well as their Report of Early Discomfort Program (RED)™, a proprietary program used within their consulting. With so much intentionality and effort poured into these entities, Jill stated, 

 

“This is our program. We want to show our clients that we know what we’re doing. Others are doing similar things, but they’re not doing it with the background and experience that we have. This is our brainchild, let’s protect it.” 

 

With their growth and success, it is our honor to be securing trademarks for a small business that is making waves in their industry, especially one that is predominately male-run.  

 

For small businesses, having a solid IP protection strategy is vital to safeguarding names, and patents, and establishing copyright protections, and is necessary for future growth. A robust intellectual property portfolio also enhances the credibility of a small business in the eyes of partners and clients. Likewise, partnerships with larger companies become more appealing when they can demonstrate their ability to protect their intellectual property. 

 

By investing in IP protection, this small business has created a strong foundation for future endeavors, while establishing its position in the market. This also ensures its unique programs and initiatives continue to thrive and impact the industry. And, we’re honored to be a part of helping companies from small to large thrive!

 

If you are ready to protect your intellectual assets and make waves in your industry, reach out to Martin IP Law Group today!

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What’s the deal with the Barbie movie? The Legal Lessons of Blockbuster Hit

In the late 1950s, a new doll was sweeping the nation – Barbie. Trademarked in 1959 by Mattel, the rights to the name “Barbie” extend far beyond dolls. Clothing, car accessories, and other lifestyle items also fall under their intellectual property plan. 

 

The new Barbie movie, directed by Greta Gerwig and starring Margot Robbie and Ryan Gosling as Barbie and Ken, was released across the globe on July 21, 2023. With its $145 million set budget and $150 million marketing budget, it certainly exceeded expectations. The movie had the biggest box office debut of the year and is history’s biggest female solo-directed film. 

 

The World Intellectual Property Organization states the brand has licensing deals with over 100 companies as part of the movie’s marketing plan. However, despite its success, this seemingly innocent movie about the world’s most well-known doll sheds light on the evolution of trademark protection, owner’s exclusive rights, and public expression.   

Territorial Misrepresentations 

You may have heard about Barbie’s legal challenge involving the “nine-dash line,” representing China and Taiwan’s claims of territory in the South China Sea. This illustration is seen on a cartoon-like map shown in the movie’s first half. Vietnam and the Philippines claim this misrepresents how the territories are actually split. 

 

Forbes reports that the leader of the cinema department of the Ministry of Culture, Sports, and Tourism in Vietnam, Vi Kien Thanh, says, “Vietnam’s National Film Evaluation Council has decided the film would not be granted a license over its inclusion of the ‘illegal image.’” 

 

Warner Bros. defends the map, describing it as a “whimsical, child-like crayon drawing” and stating that it represents “Barbie’s make-believe journey from Barbie Land to the real world.” While representatives say it was never meant to cause controversy, they aren’t making any moves to accommodate the alteration requests. 

Music Matters

As a multibillion-dollar industry, Hollywood seems untouchable and far removed from the lives of middle-class working people – so do large toy companies like Mattel, Barbie’s manufacturers. Plus, how does this all fit into intellectual property law? 

 

Two decades ago, “Barbie Girl” was released by Aqua. Not surprisingly, this led to a lawsuit between the Danish band and Mattel over using the popular doll’s name in the lyrics. Since the song was considered a parody, it was protected by the First Amendment. 

 

During the credits, the 2023 movie features a remix of this song, titled “Barbie World (With Aqua)” by Nicki Minaj and Ice Spice. Instead of leading to a lawsuit like its predecessor, Mattel embraced the song without hesitation. 

 

Mattel, Inc. vs. MCA Records, Inc. shows that no one is exempt from trademark infringement, even massive corporations. It also raises questions about parody and brand rights. 

 

Intellectual property laws exist for a reason, to protect ideas central to a business’s brand identity and legacy. Like Barbie, many trademarks and copyrighted materials are household names and deserve to be appropriately preserved – just like small business owners’ and entrepreneurs’ ideas do. 

 

At Martin IP Law, our legal experts work with all types of intellectual property (IP), including trademarks, copyrights, trade secrets, and patents. After you check out the new Barbie movie, schedule a consultation with us today to learn if our services fit your IP needs.

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Twitter Trademark – Is It Legal?

When you see a little blue bird, what’s the first thing that comes to mind? If you’re an active social media user, it’s probably Twitter. Since March of 2006, the distinctive emblem coupled with its bright blue hue, has become widely recognized. 

 

However, Elon Musk, Twitter’s newest owner, has changed its branding – a logo and name that’s stuck with the company for the past 17 years. Now, it’s just X with a white “X” logo inscription on a black background. Musk also altered Twitter.com to X.com. 

 

Before Musk’s ownership, Jack Dorsey, Evan Williams, and Christopher Stone were the company’s co-founders. During this time, the logo was only changed three times. While Dorsey and his colleagues were no strangers to controversy, Musk’s recent rebranding has sparked debate about whether this was a logical choice – and the legality of it. 

 

Trademarking the Alphabet

Because the logo is just the letter “X”, trademarking is tricky. Nondescript marks, which include letters and numbers, are trademarkable but require substantial proof for acceptance. The most important thing to prove is that the mark is distinctive enough from other businesses’ trademarks. The letter or number must give a second meaning (apart from the original) associated with a business or organization. If it’s too general, the chances of acceptance are slim.

 

Potential Complications Ahead 

According to the United States Patent and Trade Office (USPTO), trademarks protect a business’s name, logo, and designs related to its products or services. It also stops other businesses from using your name in any form of fashion. This is where things get tricky.

 

Take McDonalds™, for example. Kantar reports that the fast-food chain is one of the world’s most valuable businesses, coming in 5th place after other large companies like Google and Amazon. Despite its size, the name wouldn’t be protected without a trademark. The company also owns the rights to the golden arches logo and the phrases “Egg McMuffin,” “Happy Meal,” “McNugget,” and more, making these designs and terms off-limits for others in the restaurant industry. 

 

If another business were to market or profit off these terms in any way, they would be committing trademark infringement. According to the USPTO, this is an “unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” When this happens, the offender can be sued, served a court order to remove anything with the stolen trademark, or other legal consequences. 

 

Our blog about the 2022 Bridgerton trademark and copyright infringement debacle details how this looks in real-time. 

 

Limited Protections, Higher Liability 

In short, Twitter’s trademark is legal, but it’s complicated. Since the “X” design is so simple, it may be hard to distinguish it from other businesses’ use of the same branding. This limits the amount of protection Twitter has over its new name and logo, narrowing opportunities for future use. 

 

It’s going up against other tech giants like Microsoft and Meta (formerly Facebook) – plus the thousands of other, smaller businesses that have already trademarked some form of the letter X. Currently, this number is estimated to be almost 900. Because of these numbers, the company will likely experience challenges with its trademark. 

 

Either way, trademarks this broad open the door to potential legal action from other businesses. And because Twitter’s biggest competitors are already using similar branding, although, for lesser-known branding projects, the consequences of this latest rebranding might come more quickly than expected.  

 

Trademark Specialists at Martin IP Law Group 

While we don’t know the future of Twitter and its rebranding, we do know we can help you with your trademark ideas. If you’re looking to gain exclusive rights to your brand’s logo, designs, and more, the Martin IP Law Group is ready to get you started.

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What is Intellectual Property (IP)?

As a business owner, inventor, or creative thinker, coming up with unique, new, and innovative ideas is what you’re best at. But despite the individuality that comes with creating new concepts, it’s easy to have them stolen in today’s consumer culture. The old saying, “copying is the oldest form of flattery,” isn’t as true today as it was in the past. 

 

Stealing an idea and profiting from it as if it was your own has always been frowned upon, but being copied in 2023 could significantly impact your business – or land you in a lengthy legal battle. While the Martin IP Law  Group team can help if this happens, we’d rather help ensure that your ideas, or intellectual property (IP), are protected from the beginning.                                                                                            

 

Let’s start by defining what IP is. The World Intellectual Property Organization defines intellectual property as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.” These are all intangible assets, which carry the same weight as tangible assets. 

 

What are the different types of intellectual property protection? 

Intellectual property laws give you exclusive rights to your property and allow you to sell it to the public and profit from it. However, there are different types of IP protection. 

  • Copyright: Copyrights protect literary or artistic creations like books, films (i.e., movies, documentaries), software, or music. It prevents other business owners from distributing, reproducing, or using the work in other ways without permission. For example, an author would copyright a series of books to stop other writers from copying their ideas. 
  • Trademark: A trademark is a unique word, phrase, design, or symbol distinguishing a business’s products or services. Other businesses cannot create a similar or identical material with this protection. Brands like Apple or Burger King are examples of trademarks. 
  • Patent: Patents are government-granted exclusive rights protecting inventions or discoveries. The patent owner is the only one allowed to produce, use, or sell it. Some of the most well-known patents are items you use every day, such as the telephone (Alexander Graham Bell) and the lightbulb (Thomas Edison). 
  • Trade Secrets: Unlike the other types of IP protection, trade secrets are confidential pieces of information vital to the operation of a business. Examples are manufacturing processes, customer lists, or marketing strategies. When this information is classified as a trade secret, it prohibits public disclosure or competitor use. Famous trade secrets include the Coca-Cola recipe or the KFC Original Recipe. 

 

How do you start protecting your intellectual property? 

IP laws help maintain a balance between creativity and providing incentives for individuals and organizations like you to invest their time, resources, and talents into producing groundbreaking ideas and original products. At Martin IP Law Group, we work with entrepreneurs to protect their information, propelling your business toward success. From the application process to celebrating the finalization of IP rights, our legal experts are with you every step of the way. Contact us today to schedule a consultation. 

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What’s New at the USPTO?

The United States Patent and Trademark Office (USPTO) released new updates about the patenting process! Here’s everything you need to know about the changes. 

 

As a new patent holder, one of the things you might look forward to the most is receiving your certified patent grant. With its gold seal and official display, it gives you something to show for your accomplishment. However, as of 2023, these certificates will no longer be sent to patentees – or, at least not for free. 

 

So how does this benefit you? 

 

Although you now have to pay more for a physical paper certificate, it does reduce the time it takes between when the issue fee is paid and the issuance of the patent. In addition to that, if you’re a client of Martin IP Law Group, you’ll get your certificate AND a plaque with a copy of your patent on it. We know how important it is to commemorate your accomplishment, and we want to celebrate with you! 

 

The USPTO is also reducing rates for micro and small entities, saving you money and making it easier for small and local businesses to obtain a patent. Instead of a 50% and 75% reduction, you can receive 60% or 80% off the total cost.  

 

Both updates went into effect after April 2023. 

 

Want to stay in the know about future USPTO updates and other legal news? Follow us on LinkedIn, Instagram, or Facebook to keep up with everything intellectual property-related!

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USPTO First-Time Filer Expedited Program Requirements

As you may have heard, the United States Patent and Trademark Office (USPTO) recently announced the new “First-Time Filer Expedited Examination Pilot Program.” In years past, this expedited process would cost several thousand dollars, but it’s currently being offered for no additional charge. Inventors must typically wait over 20 months for an examiner to review the application and return a written notice of findings. With this pilot program, that time is reduced to less than two months in most cases! The pilot program does have some rules and guidelines you need to know before filing.

First, let’s go over the patent basics. Starting with, who can apply? You, your legal representative, or you and a joint inventor, with the exception of the death of an inventor, the inventor refusing to apply, or the inventor cannot be found. Your invention must also oblige with these four conditions. The invention has the ability to be used, a clear description of how to make and use the invention, the invention is new and not something that has been done before, and the invention is new and not a change to something that has already been invented.

Congratulations, you’ve met all the basic patent requirements! Now, can you file in the USPTO First-Time Filer Expedited Examination Pilot Program? First, you must be a first-time filer; your name cannot be on other nonprovisional applications. The applicant and/or joint inventors must qualify under the gross income basis requirement for micro entity status. Inventors must understand the basics of the patent application process. The pilot program is not open to those continuing applications, applications claiming a right of foreign policy, and those entering the national stage under the Patent Cooperation Treaty.

Lastly, let’s go over the basics for the application to the USPTO First-Time Filer Expedited Examination Pilot Program. Your application must include a specification of the invention, drawings if necessary, at least one claim, an oath or declaration in compliance with 37 CFR 1.63 for each named inventor, and payment of all appropriate fees prior to or concurrently with filing the petition.

Remember, this opportunity lasts until there are 1,000 applicants or March 11, 2025. If you’re interested in this opportunity to bring your invention’s impact to life much quicker than typically expected, contact our team to set up a consultation! The Martin IP Law team has helped successfully register hundreds of patents for our clients.

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SMART PRODUCTIVITY TOOLS THAT ARE MAKING AN IMPACT

Being named an Edison Award winner is one of the highest honors a company can receive in the area of innovation. In April, 2021, Edison Universe announced the 2021 winners of the awards for game-changing innovations in several separate categories. This month we take a look at the winners in the Smart Productivity Tools Category.

Cat® Command by Caterpillar Inc.

productphoto“Imagine moving dirt with a machine while sitting in the comforts and safety of an airconditioned office. No more all-day full-body vibrations. Coffee in hand, you’ll soon be digging a hole 2,500 (or more) miles away with the new Cat® Command station. Cat.com Link: Cat Command for Construction Video: Cat Command Promotional Overview”

 

Aido Robot by InGen Dynamics Inc.

productphotoAido is the next generation modular Service Robot specifically designed for Households, Hospitality , Healthcare. Featured by Disney, Forbes, PopSci, IEEE, BCG, Discovery, Mashable, T3, and more. We use complex mechanical designs with state-of-the-art electronics, scalable architecture, and, artificial intelligence with advanced manufacturing.

 

Oplà IoT Kit by Arduino

productphotoThe Arduino Oplà IoT Kit is for anyone trying to make their home or office just a little bit smarter. The kit is an edge-to-cloud IoT system that’s backed by helpful tutorials and getting-started projects (e.g. smart thermostat, smart lighting, smart garden etc) that will have you automating your home in no time.

 

These winners of the Edison Award have looked at problems within the community and have come up with innovative solutions. Do you know of an innovation that is worthy of recognition? Nominations for the 2022 Edison Awards will open August 1, 2021 and close in late November. Winners are announced at the Edison Awards Gala in New York, NY in April 2022.

Before getting too far down the road, it’s important to identify and protect any intellectual property (patents, trademarks, copyrights and/or trade secrets) associated with your innovative product or service. Contact us today to see how we can help you identify and protect these valuable assets.

 

 

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PATENTED “WEED BREATHALYZER” COULD MAKE BILLIONS FOR CALIFORNIA COMPANY AS MORE STATES LEGALIZE THE USE OF MARIJUANA

Hound Labs, an Oakland, California company that was founded in 2014, has invented a breathalyzer machine that can detect recent use of marijuana by a person that may indicate that the person is impaired. With several states having already legalized or de-criminalized recreational use of marijuana, such a device would make our highways and roads safer by finding and punishing people who drive under the influence of marijuana in the same way as those who operate under the influence of alcohol. The availability of such a device may also lead to the rapid legalization of marijuana throughout the country.

The handheld device detects the presence of marijuana in a person’s lungs. Its operation is simple – for two minutes a person breathes into the handheld device, which is reportedly a billion times more sensitive than an alcohol breathalyzer. The breath that the handheld device collects in a cartridge is loaded into another machine for analysis. After about ten minutes, the machine will tell you whether there is marijuana in a person’s breath that would suggest that they have used marijuana recently. Testing the breath appears to be a far better indicator of whether someone is “high”, as it tests whether someone has used marijuana in the past two or three hours – the time that correlates with the greatest level of impairment. The device is also capable of detecting vaped or ingested cannabis.

Hound Labs has reportedly raised $65 million and has already secured nine U.S. Patents on its invention, with at least two more applications pending. The “weed breathalyzer” was recently featured in Newsweek and on The Today Show, where it was mentioned several times that the device will be expensive. But with law enforcement looking for better ways to keep the streets safe from impaired drivers, it’s a good bet that many will invest in the devices as marijuana use increases due to legalization. Assuming Hound Labs was able to secure relatively broad protection for the invention with its patents, it could be the sole supplier of “weed breathalyzers” to police departments across the country for the next 20 years! What a great example of how to use intellectual property to make money and grow a business while also providing a needed and valuable service to the community!

Do you have the next billion dollar idea? If so, you should consult with an attorney who specializes in intellectual property protection early in the process and develop a strategy to best protect your idea and business. We help clients do just that all the time. Contact us to see how we can help you.

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